General Terms and Conditions (GTC)

PebbleByte GmbH Mittelgasse 4/13 1060 Vienna, Austria Email: office@pebblebyte.com

1. (1)These General Terms and Conditions (GTC) govern the use of the web-based video communication platform ("Service") of EUVideoCall of the company PebbleByte GmbH ("Provider").
2. (2)The Service is aimed at both business users and consumers (both hereinafter referred to as "Users"). For business users, supplementary provisions apply within the framework of B2B agreements.
3. (3)For the purposes of these GTC, an entrepreneur is any natural or legal person who uses the Service in the exercise of their commercial or independent professional activity. A consumer is any natural person who uses the Service for private purposes.
4. (4)By using the Service, the user agrees to these GTC.
5. (5)The contract language is German. To the extent that these GTC or other contractual documents are translated into other languages, such translations are provided solely for better understanding. In the event of contradictions, deviations, or questions of interpretation, the German version shall be exclusively authoritative.

1. (1)The provider makes a browser-based video call solution available.
2. (2)The service functions include, in particular:
   • →Provision of video and audio connections
   • →link-based meetings without registration
   • →user accounts (optional)
3. (3)The provider does not owe any specific scope of functions, but rather provision of the Service within the framework of technical and operational possibilities.
4. (4)In the free version, restrictions may apply (e.g. time limits).

1. (1)For certain functions, the creation of a user account may be required. Registered use takes place through the authentication flow provided for the Service.
2. (2)The user is obliged to:
   • →provide accurate information during registration
   • →keep credentials confidential
3. (3)The user is liable for all activities under their account.

1. (1)The Service may be used without registration.
2. (2)A contract is concluded:
   • →upon use of the platform
   • →or upon registration of an account

1. (1)The user undertakes not to misuse the Service.

In particular, the following is prohibited:

• →distribute unlawful content
• →use the service for spam or harassment
• →conduct attacks on systems
• →circumvent technical protection measures

The provider is entitled to suspend users in the event of violations.

1. (1)The provider endeavors to ensure high availability, but does not guarantee uninterrupted use.
2. (2)Maintenance, updates or technical faults may lead to limitations.
3. (3)The user is responsible for:
   • →internet connection
   • →compatible end devices
4. (4)If separately agreed between the provider and the user, supplementary Service Level Agreements (SLA) apply, in particular containing provisions on availability, maintenance and support.

1. (1)Personal data are processed in accordance with the General Data Protection Regulation.
2. (2)The Service is generally designed so that:
   • →no video or audio content is stored
   • →no permanent storage of connection data takes place
3. (3)Further details are set out in the privacy policy.
4. (4)If the Service is used by companies, the user is the controller within the meaning of the GDPR and the provider acts as processor.

1. (1)The provider is liable only for damages:
   • →in cases of intent or gross negligence
   • →in cases of injury to life, body or health
2. (2)In cases of slight negligence, the provider is liable only for breach of essential contractual obligations ("cardinal obligations"), limited to the typical, foreseeable damage.
3. (3)The amount of liability is limited to the fees paid by the user in the last 12 months.
4. (4)The provider is not liable for outages caused by force majeure (e.g. natural events, failures of telecommunications networks, power outages).
5. (5)No liability exists in particular for:
   • →connection drops
   • →technical faults outside the sphere of influence
   • →loss of data (as no storage takes place)
6. (6)The provider does not guarantee uninterrupted availability or freedom from errors of the Service.

1. (1)For the content of video calls, chat messages, display names, shared screen content and other communication, the respective users are solely responsible.
2. (2)The provider has no access to communication content and carries out no content control.

1. (1)The provider reserves the right to:
   • →adapt functions
   • →further develop the service
   • →discontinue the service in part or in full

1. (1)Accounts may be deleted by the user at any time.
2. (2)The provider is entitled to restrict or terminate access at any time for good cause, in particular in the event of:
   • →breaches of these Terms
   • →security risks
   • →abusive use

   The provider is also entitled to discontinue the service as a whole or in relation to individual users with reasonable notice.

3. (3)For paying private users, paid services are provided on a monthly or yearly basis; termination is possible with effect from the end of the applicable monthly or yearly term.
4. (4)For entrepreneurs, term, notice periods, and other termination arrangements are regulated separately in the respective B2B contracts.

1. (1)If the service is used by companies, a separate data processing agreement (DPA) may be concluded.
2. (2)This agreement governs the data protection obligations under the GDPR.

1. (1)Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. (2)The place of jurisdiction is, to the extent permitted, the provider’s registered office.

1. (1)Where paid services are offered, the prices stated at the time of booking apply.
2. (2)Depending on the selected plan, billing takes place monthly or yearly. The billing period stated upon conclusion of the contract is decisive.
3. (3)Subscriptions renew automatically for the agreed monthly or yearly billing period unless terminated in due time or unless otherwise stated in the relevant product or contract description.
4. (4)Unless otherwise agreed, payments are due in advance.
5. (5)The provider reserves the right to adjust prices for future billing periods.

1. (1)The provider reserves the right to amend these GTC with effect for the future insofar as this is required for objective reasons (e.g. changes in the legal situation, technical developments or extensions of the Service).
2. (2)Users will be informed of changes in due time. If the user does not object to the changes within a reasonable period, the amended GTC shall be deemed accepted to the extent legally permissible.
3. (3)For business customers, changes may also be made within the framework of individual agreements.